Thursday, November 20, 2014

Are You Kidding. Doesn't Mr. Ted Bernstein have to provide documentation as a matter of LAW? When will Alan B. Rose of Mrachek, Fitzgerald & Rose start obeying the LAW? Oh yeah Alan Rose says there is no TRUTH in the courthouse, now I remember. This case is pretty clear to anyone who can READ. Open and SHUT in my Opinion. ENJOY Prison.

Have you retained a forensic document examiner. If so, please advise who it is and if you would like us to make arrangements for him or her to review various original documents and handwriting exemplars from Simon L. Bernstein and Shirley Bernstein, including originals of the Simon Trust and Shirley Trust.

Please advise as soon as you can to expedite the process and the trial.

Alan B. Rose, Esq.

From: Eliot Ivan Bernstein [mailto:iviewit@iviewit.tv]

Sent: Thursday, November 20, 2014 7:36 AM

To: 'Alan Rose'

Subject: Document Inspection Request

Alan,

When did Ted come into possession of the original Shirley and Simon Trusts and how and who transferred them to him?

Were the documents presented to Detective Ryan Miller of the Palm Beach County Sheriff Dept. yet and if so when and by whom?

Are all attachments, codicils, memorandums, addendums etc. attached to them for inspection? You were uncertain if you had certain parts of the documents referenced in the documents in Court the other day and when asked by Judge Colin where the Shirley Will Memorandum was and why it was not attached as referenced in the document you did not know. Have you found the memorandum or are you claiming you are not in possession of it, now that you have had time to look? Do you have possession of the Original signed alleged amendments to the Shirley Trust, including the original fraudulently altered second first amendment that Spallina illegally altered?

I would personally like to come and inspect the documents and photograph them for my records as a beneficiary and as Guardian for my children who are alleged beneficiaries, as I have requested this for the last two years and been repeatedly denied by all of the fiduciaries and their counsel. Please provide a time and place for my personal inspection and provide a list of all Original signed documents in Ted’s possession that I will be able to inspect for my records at that time. I will work out who the forensic team will be with the next Successor after the petitions and motions to remove Ted are heard and he is removed or with Ted after the Court hears decides his fate.

Also, you have failed to follow the Court order for inspection of the items transferred to the St Andrews residence from the Condo and as these are personal properties in which my family is entitled to a portion of them and so I want to inspect them as ordered as soon as possible. Please provide a time and date that Brian O’Connell and I may come to the St. Andrews house to inspect them with whomever else is required. Brian is responsible for those items as they are a part of Simon’s estate allegedly and I am requesting that none of the items be sold by Ted or any other party (as I requested repeatedly prior to the Condo being sold that these items NOT be sold) as some of the personal property of both Simon and Shirley my family would want as our personal properties. Also, without the beneficiaries decided by the Court and due to the frauds that have called the beneficiaries and fiduciaries into question in the Estates and Trusts of both Simon and Shirley, I demand again that no actions with assets be taken by any party without prior court approval. Also, I do note that none of these assets and possessions of Shirley’s are listed on the Shirley inventory as was legally required prior to any transfer to Simon or any other party.

The value of the items that were not inventoried that we have discovered, including those from appraisals Ted had done, is far more than the $25,000 her alleged inventory shows. Do you have a breakdown of the items on Shirley’s alleged inventory that totaled the $25,000.00 claimed, as I do not see any itemization on the alleged inventory filed with the Court and none has been sent to me?

For example, I believe her Bentley, which was paid for in full at purchase for approx. $250k is also not listed on her inventory before it was transferred to Simon as was legally required and I wonder in light of all this information regarding the missing items worth an estimated several million dollars, including artwork, jewelry, furnishings, auto’s, etc. if your client was planning on amending the inventory to include these items of Shirley that he is now aware of that are not listed on the alleged inventory? As PR of the estate it was legally required that Ted amend the inventory once he became aware of the missing items.

Also, was Shirley’s IRA also left without a beneficiary designation and thus became a part of her Estate before transferring to Simon, if it ever did? Was Shirley’s IRA in her trusts? Either way, please provide a complete file history for Shirley’s IRA with all beneficiary designations and statements from 2 years prior to her death to present.

Please provide accountings for the Estates and all Trusts Ted claims to be a fiduciary of that my family has beneficial interests in and that Ted has failed to produce as legally required.

Also, please provide a copy of the full insurance policy that you claimed you had possession of in Court for the Simon Heritage Union life policy and not a sample policy modified to look like Simon’s original file.

Also, please have Ted provide a full executed copy of the 1995 Simon Bernstein Irrevocable Insurance Trust that he claims to be a Trustee for and a full and formal accounting of that trust from its inception forward.

Please provide this information within the next 5 business days or I will have to seek additional production of the items through a Court ordered production request that we can hear at the too be scheduled hearing for production.

Subject: RE: SERVICE OF COURT DOCUMENT - CASE NUMBER 502014CP003698XXXXSB - Part 1 of 2

Alan, since I am sure Ted will be removed soon for his breaches of fiduciary duties, conflicts with the matters, involvement in the frauds and forgeries that occurred in the Estates and Trusts of my parents and with their dispositive documents, I do not think you or your client should be conducting any part of the criminal or civil investigation of the documents or matters.

As you recall it was Ted’s attorneys representing him as PR and Trustee who have committed Felony acts including forgery and fraudulent notarizations in efforts to benefit their client Ted and his family.

Ted is alleged to have committed a mass of other frauds under ongoing investigations.

I believe Judge Colin was clear when he stayed the cases that we are going to hear the motions to remove Ted first before any trials or pleadings are heard in the case.

Once Ted’s removal is heard in all cases where he is alleging to be the Trustee or PR and he is removed then all these wasteful filings and court hearings of yours, like the last hearing to close Shirley’s estate prematurely, will be moot.

I again urge you and your client, who are also both respondents and defendants in these matters and thus further conflicted in these matters to resign immediately from your fiducial and legal capacities. Each of you should then retain counsel individually and professionally to represent you forward in your capacities as respondents and defendants in the Estate and Trust litigations.

Your client’s every action forward is a further breach, an abuse of process and further fraud that we will be seeking damages for and reporting to the proper authorities. Your representing this continued fraud on both the Court and beneficiaries is a violation of attorney conduct codes and state law and will also be duly noted to the proper criminal and ethics authorities.

I remind you that Judge Colin took offence in the 11.14.2014 hearing to your claim that the fraud and fraud on the Court proven already was not important going forward, which your client Ted is in the center of and he instead stated they were very serious offences that will be dealt with in due course.

I again remind you Ted and his former counsel Tescher, Spallina and Manceri, were told by Judge Colin that he had enough evidence at that moment of fraud and fraud on the Court to read them their Miranda’s in the Sept 13, 2013 hearing, I am certain those reasons have not faded away as you desire, nor will they be covered up by Ted or you acting in continued violation of law.